How Does Mediation in Personal Injury Lawsuits Work?
By Team at Zimmet & Zimmet, In Personal injury
Being injured in an accident can cause quite a bit of stress. If your injury is caused by someone else’s fault or wrongful act, you have the legal right to file a personal injury claim to recover compensation.
If you decide to move forward with a lawsuit, having a personal injury lawyer from Zimmet & Zimmet representing you is recommended. Our injury attorneys understand the personal injury claim process and will work to ensure you receive the maximum personal injury claim payouts possible.
While some people believe you must go to court to settle your personal injury case, this isn’t true. While our team is ready to go to court when necessary, mediation is another option that is more affordable and usually faster for both parties.
Mediation is voluntary. The only exception to this is if it is required through a court order, statute, or contract. Keep reading to learn more about mediation and how it may benefit your personal injury case here.
The Role of a Mediator
The mediator is a neutral third party who is impartial to the situation. They also have professional training in conflict resolution.
Many mediators are retired judges or attorneys who have received specific training to earn certification as a mediator. When someone works as a mediator, they are held to high ethical standards and specific rules of professional conduct outlined by the Florida Supreme Court.
The role of a mediator is to facilitate a discussion between you, your personal injury attorney, and any other parties involved and their legal representation. However, a mediator doesn’t make decisions on your behalf nor decide the case’s outcome.
Instead, mediators are there to help keep everyone focused on areas of disagreement and agreement. They will work to help establish potential solutions and work to determine the weaknesses and strengths of the case. They also help to keep negotiations on track to resolve the situation.
The Mediation Process
In Florida, most mediations follow these steps:
- Opening statements: During this step, the mediator introduces all parties and provides a short explanation of how mediation works, including the goals and rules of the process. All parties will have a prepared written summary that the mediator reads ahead of the scheduled mediation; however, the parties will also make an opening statement to outline the issues and facts related to the case.
- Private meetings: Once the opening statements are complete, the parties will go into separate rooms. At this point, the mediator meets both parties separately to discuss the case’s weaknesses and strengths.
- Offer exchange: The mediator then moves between the two rooms where the parties are to exchange and discuss any offers made with each party. The process continues as long as necessary or for as long as the time allows until the parties agree to a resolution or reach an impasse.
- Closure: Mediation will conclude when one of the following occurs:
- An agreement is reached
- The mediator states there is an impasse because one or both parties won’t continue to negotiate
- Mediation is adjourned and continued for a different day with both parties in agreement
If the parties can agree on some or all the issues, the mediator will put the terms in writing, and all involved parties will sign the agreement.
Should You Hire an Attorney for Mediation of Your Personal Injury Case in Florida?
Having an experienced personal injury attorney is important when it comes to mediation. Our legal team has years of experience in mediation, negotiation, arbitration, and litigation. If you have suffered an injury because of another party’s negligence, we are here to help.
At Zimmet & Zimmet, we will fight for your rights and help resolve your personal injury claim by negotiating for fair and full compensation for your injuries.
We recommend that you contact our office to schedule a free initial consultation to discuss your needs. We will help you through the process and ensure you have the best possible outcome for your case.
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